HomeMy WebLinkAboutCO 2025-096 - Caltrans City of Rancho Cucamonga
CONTRACT NUMBER Rev. 05/2025
2025-096 PSMA-25-08-5Bd-210-PM 6.9-CN34
ollyCIARK PROJECT SPECIFIC MAINTENANCE AGREEMENT
WITH
CITY RANCHO CUCAMONGA
This Project Specific Maintenance Agreement ("AGREEMENT") is made effective
this SO" day of SE Preplan, , 2025, by and between the State of California,
acting by and through the Department of Transportation ("STATE"), and the City
of Rancho Cucamonga ("LOCAL AGENCY"); each may be referred to
individually as a "PARTY" and jointly as "PARTIES."
RECITALS
1. WHEREAS, an Encroachment Permit No. 08-24-N-MC-1348 dated
June 18, 2025 was executed between LOCAL AGENCY and STATE to
document the understanding between PARTIES regarding the planned
improvement of the State Highway Route (SR) SR-210 and the adjustments
of Haven Avenue, the local street, and road system required for the
development of that portion of SR 210 within the jurisdictional limits of the
LOCAL AGENCY.
2. WHEREAS, the PARTIES hereto mutually desire to identify the maintenance
responsibilities for the features and improvements, as defined herein,
constructed or installed within the STATE right of way.
3. Categories of State Highway System (SHS) facilities covered under this
AGREEMENT may include but are not limited to the following, which are
specifically identified in Exhibit A:
A. Screening - Railing Assembly Frame Fencing Units (3'11" by 9'10 V." at
corners of bridge deck in four locations total) installed on a bridge
safety barrier to protect the safety of the traveling public.
OPERATIVE PROVISIONS
I. Maintenance Standards. PARTIES shall perform all maintenance in compliance
with the standards set forth in Streets and Highways Code section 27, and in
accordance with California laws, regulations, and STATE standards, including
STATE'S Maintenance Manual, Code of Safe Operating Practices, policies,
procedures, and specifications in effect and as amended. "Maintain" or
"Maintenance" under this AGREEMENT includes routine inspections, repairs,
cleaning, and State approved replacements.
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2. Maintenance Service Schedule. Upon approval of the necessary
Encroachment Permit to perform maintenance, LOCAL AGENCY shall provide
STATE's District Area Maintenance Superintendent, as shown in Exhibit C, at
least twenty-four (24) hour prior telephone or email notice before performing
any maintenance services under this AGREEMENT. LOCAL AGENCY shall notify
the STATE of the frequency of its maintenance services. Maintenance services
shall be performed between the hours of 9:00 AM and 3:00 PM or otherwise
authorized by STATE and may be performed on weekends and holidays if
necessary.
3. Revising Exhibits. When another planned future improvement has been
constructed and/or a revision to SHS facilities has been affected within the
limits of the improvement covered by this AGREEMENT, PARTIES can revise this
AGREEMENT by mutually amending, replacing, or providing additional pages
to the Exhibits that must be signed by authorized representatives of PARTIES.
No formal amendment to the body of this AGREEMENT will be necessary. The
revised exhibit will thereafter supersede the previous Exhibit and become part
of this AGREEMENT.
4. Amendment to Agreement. Except as provided in the preceding section
concerning Exhibit amendments, the terms of this AGREEMENT can be
changed only by a formal written amendment executed by all PARTIES.
5. Successors. This AGREEMENT shall be binding upon and inure to the benefit of
each of the PARTIES and their respective successors-in-interest including, any
subsequently incorporated city or other municipality established within the
LOCAL AGENCY's jurisdictional limits. If the successor city or municipality fails
to enter into a new agreement with STATE to accept the obligations of the
LOCAL AGENCY, LOCAL AGENCY shall continue to be contractually bound to
STATE by the terms of this AGREEMENT.
6. Encroachment Permits. Before LOCAL AGENCY may enter STATE ROW to install
any encroachment or perform any maintenance or work in the areas covered
by this AGREEMENT, LOCAL AGENCY must first apply for and obtain an
encroachment permit(s) from the STATE's District 08 Encroachment Permit
Office as per STATE's EP policy. An encroachment permit issued by the STATE
will be at no cost to LOCAL AGENCY.
7. Overcrossing (Vehicular and Nonvehicular). STATE and LOCAL AGENCY shall
maintain Overcrossing(s) respectively as follows:
A. STATE shall inspect and maintain, at STATE's expense, all elements of
the Overcrossing(s), except for the Screening as discussed under this
AGREEMENT. State shall also remove any unsheltered encampments
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that could affect the structural integrity of the components listed in
this section (7A).
B. Screening. PARTY who is identified as responsible for maintaining the
screening in Exhibit A, shall maintain the screening over the STATE
Overcrossing(s).
8. Legal Relations and Responsibilities.
A. No Third-Party Beneficiaries.
This AGREEMENT is not intended to create duties, obligations, or rights
of third parties beyond the PARTIES to this AGREEMENT. Nor does this
AGREEMENT affect a PARTY's legal liability by imposing any standard
of care for the operation and maintenance of STATE highways and
LOCAL AGENCY facilities different from the standard of care
imposed by law.
B. Indemnification.
Neither LOCAL AGENCY nor any of its officers or employees is
responsible for any injury, damage or liability occurring by reason of
anything done or omitted to be done by STATE in connection with
any work, authority or jurisdiction conferred upon STATE pursuant to
this AGREEMENT. To the fullest extent permitted by law, STATE, shall
fully defend, indemnify, and save harmless LOCAL AGENCY and its
officers and employees from all claims, suits or actions of every kind
occurring by reason of anything done or omitted to be done by
STATE, its contractors, sub-contractors, and/or its agents pursuant to
this AGREEMENT.
Neither STATE nor any of its officers or employees is responsible for any
injury, damage or liability occurring by reason of anything done or
omitted to be done by LOCAL AGENCY in connection with any work,
authority or jurisdiction conferred upon LOCAL AGENCY pursuant to
this AGREEMENT. To the fullest extent permitted by law, LOCAL
AGENCY, shall fully defend, indemnify, and save harmless STATE and
its officers and employees from all claims, suits or actions of every kind
occurring by reason of anything done or omitted to be done by
LOCAL AGENCY, its contractors, sub-contractors, and/or its agents
pursuant to this AGREEMENT.
C. Prevailing Wages and Labor Code Compliance. LOCAL AGENCY
shall comply with any and all applicable labor and prevailing wage
requirements in Labor Code Sections 1720 through 1815 and
implementing regulations for any public works or maintenance
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contracts and subcontracts executed for the LOCAL AGENCY's work
under this AGREEMENT.
D. Self-Insured. LOCAL AGENCY is self-insured. LOCAL AGENCY shall
deliver evidence of self-insured coverage providing general liability
insurance, coverage of bodily injury and property damage liability,
in an amount of $1 million per occurrence, $2 million in aggregate,
and $5 million in excess, as may be amended as the minimum liability
coverage limits codified in the State's Standard Specifications, by
delivering a Letter Certifying Self-Insurance. The Letter of Self-
Insurance must be substantially in the form of Exhibit B, and identify
the AGREEMENT number, and location as depicted in Exhibit A.
LOCAL AGENCY shall provide the original Letter Certifying Self-
Insurance as a condition to STATE's execution of this AGREEMENT. A
copy of the original letter shall be attached to this AGREEMENT as
Exhibit B.
Self-Insured using Contractor. If the work performed under this
AGREEMENT is done by LOCAL AGENCY's contractor(s), LOCAL
AGENCY shall require its contractors) to maintain in force, during
the term of this AGREEMENT, a policy of general liability insurance,
including coverage of bodily injury and property damage liability,
naming STATE, its officers, agents and employees as the additional
insured in an amount of $1 million per occurrence, $2 million in
aggregate, and $5 million in excess. LOCAL AGENCY shall provide
a certificate of insurance evidencing this insurance in a form
satisfactory to STATE.
9. Default. If LOCAL AGENCY fails to perform obligations assumed under this
AGREEMENT, STATE may by written notice request that the default be
remedied within thirty (30) calendar days. If LOCAL AGENCY fails or refuses
to do so, STATE may complete the obligations and seek reimbursement from
the LOCAL AGENCY who shall pay the invoice within thirty (30) calendar
days.
10. Complete Agreement. This AGREEMENT, along with any attachments, is the
full and complete integration of the PARTIES' agreement with respect to the
maintenance of the locations identified in Exhibit A. This AGREEMENT
supersedes any previous written or oral agreements between the PARTIES
with respect to the locations identified in Exhibit A. Unless otherwise stated,
to the extent there is any conflict between this AGREEMENT and any other
agreement (written or oral) regarding maintenance of the area identified
in Exhibit A, the terms of this AGREEMENT shall control.
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11. Severability. The unenforceability, invalidity, or illegality of any provision(s)
of this AGREEMENT shall not render the other provisions unenforceable,
invalid, or illegal.
12. Waiver. Waiver by any PARTY of any portion of this AGREEMENT shall not
constitute a waiver of the same or any other portion hereof.
13. Governing Law. This AGREEMENT shall be governed by and interpreted in
accordance with California law.
14. Notice. If either PARTY shall desire or is required to give notice to the other,
such notice shall be given in writing, via email, and concurrently delivered
by: (a) personal delivery, in which case, notice is effective upon delivery;
(b) overnight courier (i.e., Federal Express) with charges prepaid or charged
to the sender's account, in which case, notice is effective when delivered;
(c) priority U.S. Mail, in which case, notice shall be deemed delivered on
the second business day after the deposit thereof with the U.S. Postal
Service.
15. Cost. Any PARTY who is assigned obligation under this AGREEMENT shall
complete them at their own costs, unless expressly stated otherwise in this
AGREEMENT.
16. Termination. This AGREEMENT may be terminated by the mutual written
consent of each PARTY. The STATE may terminate this AGREEMENT, should
the LOCAL AGENCY fail to perform the requirements of this AGREEMENT at
the time and in the manner provided herein.
17. Effective Date. This AGREEMENT shall become effective on the last of the
dates each PARTY's authorized representative has executed this
AGREEMENT.
18. Authority. Each individual executing this AGREEMENT on behalf of each
PARTY represents and warrants that he/she is duly authorized to execute
this AGREEMENT. LOCAL AGENCY represents and certifies that it has,
through its regular political process, authorized the execution of this
AGREEMENT by appropriate resolution, delegation, or plenary authority, as
required. A true and correct copy of the local resolution or ordinance has
been provided to the STATE.
19. Electronic Signatures. Electronic signatures of the PARTIES, whether digital
or encrypted, are intended to authenticate this written AGREEMENT, and
shall have the same force and effect as manual signatures for this
Agreement.
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STATE OF CALIFORNIA
THE CITY OF RANCHO CUCAMONGA '.. DEPARTMENT OF TRANSPORTATION
Date: Slizgi25 ` d Date: D9%3a'Z5
. nnis ichae e Solis
Mayor Deputy District Director
Maintenance District 8
•
APPROVED:
Date: i jf j j,.
o nR. Gi n
City Manager
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EXHIBIT A
Plan map identifying the applicable STATE Route 210 (Freeway proper) and
facilities.
LAST COUNTY ROUTE POST MILE SHEET TOTAL
Na. SHEETS
08 580 210 6.9 1 4
PROJECT SPECIFIC MAINTENANCE AGREEMENT
FOR ACCESS RESTRICTION RAILING WITH THE CITY OF RANCHO CUCAMONGA
1 \ . %
/ a I
L.
HAVEN AVE OVERCROSSING F .
BRIDGE NO. 54.0674
OVERC
I
�1
LEGEND
0 ACCESS RESTRICTION RAILING
TO BE MAINTAINED BY CITY OF RANCHO CUCAMONGA
I In111I STATE RAN
LOCATION HAVEN AVE OVERGROWING EXHIBIT A
"'LL
DIST COUNTY ROUTE POST MILE SHEET TOTAL
No. SHEETS
08 SBd 210 69 2
PROJECT SPECIFIC MAINTENANCE AGREEMENT
FOR ACCESS RESTRICTION RAILING WITH THE CITY OF RANCHO CUCAMONGA
11
HAVEN AVE OVERCROSSING
a 1 BRIDGE NO. 540674
I FGEND:
a ACCESS RESTRICTION RAILING
TO BE MAINTAINED BY CITY OF RANCHO CUCAMONGA
LOCATION HAVEN AVE OVERGROWING EXHIBIT A
mn�L
DIST COUNTY ROUTE POST MILE SHEET TOTAL
No. SHEETS '..
W SBd 210 6.9 3 4
PROJECT SPECIFIC MAINTENANCE AGREEMENT
FOR ACCESS RESTRICTION RAILING WITH THE CITY OF RANCHO CUCAMONGA
Rar NO. N-0619 NG
SI owm-
M % HAVEN AVE OVERCROSSING
II 1I II _. �l II 1L l 1 PI
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rL_ T r__L L-I F"_l l L ' _l r`_I T r i_ ill
1
L 1 L 1 L l L l L 1 1 1
TYPICAL SECTION
LLCM/
0 ACCESS RESTRICTION RAILING
lll! TO BE MAINTAINED BY CITY OF RANCHO CUCAMONGA
LOCATION HAVEN AVE OVEROROSSING EXHIBIT A
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DIST COUNTY ROUTE POST MILE SNffi TOTAL ,
SN
00 SBtl ]1D 6.9 4 4
PROJECT SPECIFIC MAINTENANCE AGREEMENT
FOR ACCESS RESTRICTION RAILING WITH THE CITY OF RANCHO CUCAMONGA
"-
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0 ACCESS RESTRICTION RAILING
TO BE MAINTAINED BY CITY OF RANCHO CUCAMONGA
IOCATION: HAVEN AVE OVERCROSSINO EXHIBIT A
Mayor L.Dennis Mlchoel I Mayer Pre Tenn Lynne B.Kennedy
Council Members Ryan A.Hutchison,Kristine D. Scott,Ashley N.Stickler
• n City Manager John R. Gibson
•
ii
CITY OF RANCHO CUCAMONGA
f
( r 10500 Civic Center I Rancho Cucamonga,CA 91730 11-909-4778700 I e'w'•'.CityolRC.us
EXHIBIT B
LETTER CERTIFYING LOCAL AGENCY'S SELF-INSURED STATUS
On Local Agency letterhead
California Department of Transportation District 8 At eyed 2$ , 2025
ATTN: Joe Solis, Deputy District Director, Maintenance v
Re: Statement of Self-Insurance for City of Rancho Cucamonga for Project Specific
Maintenance Agreement No. PSMA-25-08-SBd-210-PM 6.9-CN34 with California
Department of Transportation for the screening on SR 210 at PM 6.9
Dear Mr. Solis:
This letter certifies that the LOCAL AGENCY is self-insured and self-funded covering third-
party claims arising out of its general operations (i.e., commercial general liability and
automobile liability insurance). Further, the LOCAL AGENCY is self-insured covering
workers' compensation claims and has received the consent of the State Department of
Industrial Relations to do so.
Each fiscal year, as a part of its budgetary process, the LOCAL AGENCY appropriates
funds specifically to satisfy valid third-party claims and workers' compensation claims,
which may be brought against the LOCAL AGENCY.
The LOCAL AGENCY certifies its self-insured, general liability coverage for bodily injury
and property damage liability, meets the required coverage amounts in section 8D
(Insurance) of the Project Specific Maintenance Agreement, specifically general liability
insurance, coverage of bodily injury and property damage liability in an amount of $1
million per occurrence, $2 million in aggregate, and $5 million in excess.
If you need any additional information regarding this letter, please direct those inquiries
through my office.
Sincerely,
Jason C. Welday
Director of Engineering Services/City Engineer
Rev.05/2025
PSMA-25-08-SBd-210-PM 6.9-CN34
Exhibit C
PARTY Representatives Contact information.
LOCAL AGENCY
Public Works Director: Maritza Martinez
8794 Lion St.
Rancho Cucamonga, Ca 91730
Contact Number: (909) 774-4092
STATE AREA MAINTENANCE SUPERINTENDENT
Foothill Maintenance Superintendent: Erik Clarke
Email: erik.clarke@dot.ca.gov
Phone: (909) 677-3471
August 20, 2025
CITY OF RANCHO CUCAMONGA
FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY,
PUBLIC FINANCE AUTHORITY AND CITY COUNCIL REGULAR MEETINGS MINUTES
The City Council of the City of Rancho Cucamonga held a Closed Session on Wednesday, August 20,
2025,in the Tapia Conference Room at the Civic Center, 10500 Civic Center Drive,Rancho Cucamonga,
California. Mayor Michael called the meeting to order at 5:00 PM.
Present were Council Members: Ryan Hutchison, Kristine Scott,Ashley Stickler, Mayor Pro Tern Lynne
Kennedy and Mayor L. Dennis Michael.
Also present were: John Gillison, City Manager; Elise Cox, Assistant City Manager; Nicholas Ghirelli,
City Attorney; Matt Burris, Deputy City Manager of Community Development/Planning and Peter Castro,
Deputy City Manager of Administrative Services.
A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)
None.
C. CITY MANAGER ANNOUNCEMENTS
D. CONDUCT OF CLOSED SESSION
01. CONFERENCE WITH LABOR NEGOTIATORS ROBERT NEIUBER, SENIOR HUMAN
RESOURCES DIRECTOR, PETER CASTRO, DEPUTY CITY
MANAGER/ADMINISTRATIVE SERVICES, JEVIN KAYE, FINANCE DIRECTOR, MIKE
MCCLIMAN, FIRE CHIEF, AND EMILY NIELSEN, SENIOR HUMAN RESOURCES
BUSINESS PARTNER; PER GOVERNMENT CODE SECTION 54957.6 REGARDING
LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA CITY EMPLOYEES'
ASSOCIATION (RCCEA), RANCHO CUCAMONGA MANAGEMENT ASSOCIATION AND
EXECUTIVE MANAGEMENT GROUP. (CITY)
D2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE
SECTION 54956.8 FOR PROPERTY LOCATED AT 9789 MAIN STREET IDENTIFIED AS
PARCEL NUMBERS 0209-062-02-0000; NEGOTIATING PARTIES JOHN GILLISON, CITY
MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CAROL
NORRIS, NORTHTOWN HOUSING DEVELOPMENT CORPORATION.; REGARDING
PRICE AND TERMS. (CITY)
D3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE
SECTION 54956.8 FOR PROPERTY LOCATED AT 7089 AND 7092 ETIWANDA AVENUE
IDENTIFIED AS PARCEL NUMBERS 0227-121-56-0000, AND 0227-121-55-0000;
NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY
OF RANCHO CUCAMONGA, AND RICHARD HAMM, PELICAN COMMUNITIES;
REGARDING PRICE AND TERMS. (CITY)
August 20, 2025 I Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga Page 1 of 10
D4. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO
PARAGRAPH (1) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9;
NAME OF CASE: IN RE: NATIONAL PRESCRIPTION OPIATE LITIGATION, U.S.
DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO, CASE NO. 1:17-MD-2804.
(CITY)
D5. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO
PARAGRAPH (1) OF SUBDIVISION (0) OF GOVERNMENT CODE SECTION 54956.9;
NAME OF CASE: IN RE: PURDUE PHARMA, L.P., ET AL. U.S. BANKRUPTCY COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK, CASE NO. 19-23649(SHL). (CITY)
E. RECESS
The closed session recessed at 6:30 p.m.
August 20, 2025 I Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga I Page 2 of 10
REGULAR MEETING—7:00 PM
CALL TO ORDER—COUNCIL CHAMBERS
The Regular meetings of the Rancho Cucamonga Fire Protection District, Housing Successor Agency,
Successor Agency, Public Finance Authority, and the City of Rancho Cucamonga City Council were held on
August 20, 2025, in the Council Chambers at City Hall, located at 10500 Civic Center Drive, Rancho
Cucamonga, California. Mayor Michael called the meeting to order at 7:00 PM.
Present were Council Members: Ryan Hutchison, Kristine Scott, Ashley Stickler, Mayor Pro Tern Lynne
Kennedy and Mayor L. Dennis Michael.
Also present were:John Gillison, City Manager; Nicholas Ghirelli, City Attorney;and Linda A.Troyan, MMC,
City Clerk Services Director.
Mayor Pro Tern Kennedy led the Pledge of Allegiance.
A. AMENDMENTS TO THE AGENDA
City Clerk Services Director Troyan announced the City Manager's Staff Report listed as item H1 would be
postponed and presented at the next Regular City Council Meeting on September 3, 2025.
B. ANNOUNCEMENTS/ PRESENTATIONS
BI. San Bernardino County Transportation Authority(SBCTA)- Measure I Presentation.
Mayor Michael introduced Otis Greer, SBCTA Director of Legislative and Public Affairs, who presented a
PowerPoint presentation on Measure I.
C. PUBLIC COMMUNICATIONS
Bond Mendez, President, Rancho Cucamonga City Employees' Association (RCCEA), spoke about item
D1 on Closed Session Agenda regarding labor negotiations and noted RCEEA looks forward to successful
negotiations including monetary and non-monetary improvements.
Eight (8) speakers: Irene Mendoza, Jaqueline Anton, Jessica Estrada, Claudia Bautista, Chris C., lanelly
Milian, Bianca Lemus and Madiha Khan, spoke against the presence of U.S. Immigration and Customs
Enforcement (ICE) in Rancho Cucamonga. Speakers shared concerns for public safety, civil rights,
community well-being and enforcement actions creating fear and distrust in the community. Speakers
requested the City be a safe haven for all residents regardless of legal status and limit cooperation with
federal immigration authorities.
Angelica Manzo and Salvador Manzo,founders of Wellness Ranch Equine Assisted Therapy, thanked the
City Council and asked the community to partner and or pledge monetary support for the expansion of
Wellness Ranch to continue providing mental health services.
Thomas Ranch, Boy Scout Troop 655, thanked the City for allowing him to complete his Communications
Merit Badge.
Sixteen (16) speakers: Mary Luna-Obeso, Gabriel Obeso, Michael Perez, Craig Conatzer, Robert Sewell,
Laurette Allen, Michael Tamayo, Rick Curie!, Deborah Chipana, Clara Marillo, Marsha Banks, Robert
Dorazio, James Banks, Gary Carson, Ismael Flores and Margarita Thorpe spoke in opposition to item D3
of Closed Session regarding property negotiations for property located at 7089 and 7092 Etiwanda Avenue
identified as Parcel Numbers 0227-121-56-0000, and 0227-121-55-0000; with Richard Hamm, Pelican
Communities; regarding price and terms. Speakers spoke against future high-density affordable housing
August 20, 2025 I Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga I Page 3 of 10
developments and shared concerns for potential impabts on public safety due to the proximity of local
schools, traffic congestion, environmental concerns, overcrowding and historic preservation. Speakers
urged the City Council to reject the sale of the properties located at 7089 and 7092 Etiwanda Avenue and
prioritize the needs of schools, parks and community over high-density affordable housing developments.
Twelve (12) letters were received in opposition to item D3 of Closed Session by Anais Rodriguez, Sergio
Santoyo, Debra Childs, Bryan Alberre,Sandie DuBois, Jessica Soto,Timothy Kell, Agnes Gibboney, Tuan
Amith, Kim Earl, Steve Jasso and Michael Perez; copies of the correspondence received were provided to
the City Council and were available for the public to review on the City's website.
Joseph Cowan thanked the City Council for supporting the Alta Loma Riding Club and invited the
community to attend a toots 8 Brews"event hosted by Alta Loma Riding Club on September 20, 2025.
Joanne Cudney, shared concerns about the Rancho Cucamonga Animal Shelter's Trap-Neuter-Release
(TNR) Program.
In response to public comment,City Attorney Ghirelli clarified that tonight the City Council is not considering
the sale of the Etiwanda Depot property, the surrounding property or any project for that property. There is
no project at this time. He informed the only thing that has happened is that the City has put out a Notice
of Availability under a state law called "The Surplus Land Act". He explained the Surplus Land Act is
required for every local agency in California before they can dispose of property to any entity and it requires
that the City send out notices to various groups including affordable housing providers. He noted that one
housing provider did respond to that notice, and the City was obligated under state law to negotiate with
that entity including an Exclusive Negotiation Agreement, which does not compel the City to approve a
project or to even sell the properly. City Attorney Ghirelli assured that all that's happened so far is just a
negotiation process that was compelled by state law.
D. CONSENT CALENDAR
Council Member Scott abstained on item D3, due to a potential conflict of interest as her employer is Southern
California Gas Company.
Dl. Consideration to Approve the Minutes of the Regular Meetings of July 16, 2025.
D2. Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of
$7,733,193.38 and City and Fire District Weekly Check Registers(Excluding Checks Issued
to Southern California Gas Company)in the Total Amount of$12,891,334.59 Dated July 07,
2025, Through August 10, 2025. (CITY/FIRE)
D3. Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued
to Southern California Gas Company in the Total Amount of$16,605.02 Dated July 07, 2025,
Through August 10, 2025. (CITY/FIRE)
D4. Consideration to Receive and File Current Investment Schedules as of June 30,2025 for the
City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District.
(CITY/FIRE)
D5. Consideration to Accept Grant Revenue of $1,139,429.67 Awarded by the California
Governor's Office of Volunteers (CalVol) for FY25-26; and Authorization to Appropriate
$1,139,429.67 in Revenue and Apply a Negative Expenditure Appropriation to Align with the
Actual Grant Award for the Approved Fostering a Climate Ready Workforce Program. (CITY)
D6. Consideration of a Deposit Agreement with DesertXpress Enterprises, LLC d/b/a Brightline
West for Deposit of Funds in the Amount of $1,000,000 as Security for Future Relocation
Costs Under a Separate Joint Use Agreement Between Brightline West, Southern California
Edison, and the City. (CITY)
August 20, 2025 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga I Page 4 of 10
D7. Consideration of the Purchase of Eighteen Handheld Radios from Motorola Solutions, Inc.
as a Single Source Vendor in the Amount of$191,370. (FIRE)
D8. Consideration of Award of Contract to Landscape Structures Inc. in the Amount Not to
Exceed $931,286.29 for the Mountain View Park Playground Replacement Project/Parks
Playground and Surfacing Replacements Program. (CITY)
D9. Consideration of a Contract with Gentry General Engineering, Inc. in the Amount of$57,480
Plus 10% Contingency for Construction for the Haven Avenue Overcrossing Fencing Project
(Project),a Contract with Onward Engineering, Inc.in the Amount of$10,400 for Construction
Inspection Services, Authorization of an Appropriation of Expenditures in the Amount of
$75,200 from the Citywide Infrastructure Fund (198), and Approval of a Maintenance
Agreement Between the City of Rancho Cucamonga and the California Department of
Transportation (Caltrans) for the Fencing Improvements..This Project is Exempt from the
Requirements of the California Environmental Quality Act(CEQA) Pursuant to Government
Code Section 15301 — Existing Facilities. (CITY)
D10. Consideration of Amendment No. 1 to Contract No. 2024-095 with Mariposa Landscapes,
Inc. for Haven Avenue and Foothill Boulevard Median, and LMD 3B Parkway, Paseo, and
Median Island Landscape and Irrigation Maintenance in an Amount Not to Exceed$422,050
for FY 2025/26. (CITY)
D11. Consideration of Amendment No. 1 to Contract No. 2024-127 with BrightView Landscapes
Inc. for LMD 7 and LMD 8 Parkway, Paseo, and Median Island Landscape and Irrigation
Maintenance Services in an Amount Not to Exceed $529,450 for FY 2025/26. (CITY)
D12. Consideration of Amendment No. 1 to Contract No. 2024-085 with Yunex LLC for Traffic
Signal and Safety Lighting Maintenance Services in an Amount Not to Exceed $1,470,660
for FY 2025/26. (CITY)
D13. Consideration of Amendment No. 5 to Contract No. 2020-030 with Mariposa Landscapes,
Inc. for LMD 4R Parkway, Paseo, and Median Island Landscape and Irrigation Maintenance
in an Amount Not to Exceed $587,470 for FY 2025/26. (CITY)
D14. Consideration of Amendment No. 6 to Contract No. 2020-107 with Champion Fire Systems
for Fire Suppression System Maintenance in an Amount Not to Exceed $130,000 for City
and Fire District Facilities for FY 2025/2026. (CITY/FIRE)
D15. Consideration to Accept Victoria Park Lane DG Resurfacing Project as Complete, File the
Notice of Completion, and Authorize Release of Retention and Bonds. (CITY)
D16. Consideration to Accept the CDBG Concrete Rehabilitation Project FY 24-25 as Complete,
File the Notice of Completion, and Authorize Release of Retention and Bonds. (CITY)
D17. Consideration of Resolutions Adopting Updated Records Retention Schedules, Authorizing
Destruction and Rescinding Previous Records Retention Schedules. (RESOLUTION NO.
2025-063) (RESOLUTION NO. FD 2025-020) (CITY/FIRE)
D18. Consideration of a Resolution Adopting the Measure I Five-Year Capital Projects Needs
Analysis Covering Fiscal Years 2026/27 Through 2030/31. (RESOLUTION NO. 2025-069)
(CITY)
August 20, 2025 I Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga I Page 5 of 10
D19. Consideration of a Resolution Adopting the Measure I Five-Year Capital Improvement Plan
Covering Fiscal Years 2025/26 Through 2029/30. (RESOLUTION NO.2025-070) (CITY)
D20. Consideration to Approve and Adopt a Resolution Certifying the Results of an Election and
Adding Annexation No.2025-11 to Community Facilities District No.2022-01 (Street Lighting
Services)of the City of Rancho Cucamonga. (RESOLUTION NO.2025-068) (CITY)
D21. Consideration of Approval to Adopt an Annexation Map Showing Assessor Parcel Number
0225-191-32, Proposed to be Annexed Into Community Facilities District No. 88-1; Approval
to Adopt a Resolution of Intention to Annex Territory Referred to as Annexation No. 88-25-1
into Community Facilities District No. 88-1; and Set a Time and Place for a Public Hearing
Related to the Annexation.(RESOLUTION NO.FD 2025-021)(RESOLUTION NO.FD 2025-
022)(FIRE)
D22. Consideration of a Resolution in Support of the Inland Empire Job Corps and Urging
Continued Federal Funding for the Job Corps Program. (RESOLUTION NO. 2025-071)
(CITY)
MOTION: Moved by Council Member Stickler, seconded by Council Member Hutchison, to approve the
Consent Calendar Agenda items D1 through D22, with Council Member/Board Member Scott abstaining
on item D3. Motion carried 5-0.
E. CONSENT CALENDAR ORDINANCE(S) - SECOND READING/ADOPTION
El. Consideration of Second Reading and Adoption of the Following:
ORDINANCE NO. 1044
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA,REVISING BIDDING LIMITS ON PUBLIC PROJECTS,AMENDING LABOR
CODE COMPLIANCE REQUIREMENTS, AND AMENDING TITLE 3 OF THE RANCHO
CUCAMONGA MUNICIPAL CODE
MOTION: Moved by Council Member Hutchison, seconded by Council Member Stickler, to waive full
reading and adopt Ordinance No. 1044 by title only.
Linda Troyan, MMC, Director of City Clerk Services, read the title of Ordinance No. 1044.
VOTES NOW CAST ON MOTION: Moved by Council Member Hutchison, seconded by Council
Member Stickler, to waive full reading and adopt Ordinance No. 1044 by title only. Motion carried 5-0.
•
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Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga I Page 6 of 10
F. ADMINISTRATIVE HEARING ITEM(S)
F1. Preliminary Review Hearing to Consider a Proposed Master Plan for a 14.5-Acre Mixed-Use
Development, Including Reductions in the Non-Residential Floor Area Ratio (FAR) and
Design and Site Planning Flexibility from the Form-Based Code for a Site Located in the
Center 2 (CE-2)Zone at the Northeast Corner of Haven Avenue and Fourth Street. (CITY)
City Manager Gillison introduced Tabe Van der Zwaag, Associate Planner, who gave a Staff Report along
with a PowerPoint presentation for item F1.
Mayor Michael opened the Administrative Hearing.
Michael Krouse, President and CEO of Greater Ontario California(GO CAL), Toyota Arena and the Ontario
Convention Center,thanked the City Council for their ongoing support for the hospitality and tourism industry.
He spoke in support of item F1 and recommended the applicant consider increasing the number of hotel
rooms and adding a larger ballroom/meeting space in the range of 10,000 to 20,000 square feet to
accommodate larger meetings and events.
Mayor Michael closed the Administrative Hearing.
Council discussion ensued on the city's need for larger ballrooms/meeting space, larger restaurant pads to
attract higher-end restaurants, occupancy capacity, parking and hotel amenities.
Christian Santos, Applicant, received feedback on the need for a larger ballroom/meeting space and larger
restaurant pads,answered questions and thanked the City Council for their preliminary comments to prepare
a formal submittal that aligns with the City's needs.
G. ADVERTISED PUBLIC HEARINGS ITEM(S) - CITY/FIRE DISTRICT
GI. Public Hearing for Consideration of a Master Plan, Tentative Tract Map, Design Review and
Minor Exception—True Life Companies-Site Plan and Architectural Review of a Mixed-Use
Project Comprised of 50 Multi-Family Units Including 10 Live/Work Units, and a Tentative
Tract Map for Condominium Purposes Located on Approximately 2.3 Acres of Land Within
the Neighborhood General 3 (NG3) Zone, Located on the Southwest Corner of Base Line
Road and Amethyst Avenue;APN:0208-432-16.This Item is Exempt from the Requirements
of the California Environmental Quality Act (CEQA) Under CEQA Section 15332
(SUBTT20708, Design Review DRC2024-00108, Master Plan DRC2024-00109, Minor
Exception DRC2025-00055). (RESOLUTION NOS. 2025-065 AND 2025-066) (CITY)
John Gillison, City Manager, introduced Bond Mendez, Associate Planner, Jennifer Nakamura, Planning
Director and Miguel Sotomayor, Principal Engineer, who gave a Staff Report along with a PowerPoint
presentation for item G1. Two (2) letters were received, one (1) in opposition by Suzanne Luegering and
one(1)in support by James Lloyd,copies of the correspondence received were provided to the City Council
and were available for the public to review on the City's website.
Mayor Michael opened the Public Hearing.
Gordon Jones, Vice President of True Life Companies,Applicant, thanked the City Council for their support
and early feedback during the preliminary stages of the project.
David Steam and Larry Rempel spoke in support of item 61.
Mayor Michael closed the Public Hearing.
MOTION: Moved by Mayor Pro Tern Kennedy, seconded by Council Member Hutchison,to approve staffs
recommendation and adopt Resolution Nos. 2025-065 and 2025-066. Motion carried 5-0.
August 20, 2025 I Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga I Page 7 of 10
G2. Public Hearing for Consideration of an Appeal of the Planning Commission's Decision to
Approve a Request for Site Plan and Design Review of 8 Single-Family Residences on 4.78
Acres of Land on a Previously Approved Tract Map(Tract 14644)at the Terminus of Camellia
Court in the Very Low Residential (VL)Zone, Hillside Overlay, and the Equestrian Overlay;
APNs: 1061-381-24 thru 31. The Project Qualifies as a Class 32 Exemption Under State
CEQA Guidelines Section 15332 — Infill Development Projects (Design Review DRC2024-
00174). (RESOLUTION NO.2025-064) (CITY)
John Gillison, City Manager, introduced Tabe Van der Zwaag, Associate Planner, Jennifer Nakamura,
Planning Director and Miguel Sotomayor, Principal Engineer, who gave a Staff Report along with a
PowerPoint presentation for item G2. Two (2) letters were received in opposition by Judy Spaulding and
Greg Kornbacher to item G2, copies of the correspondence received were provided to the City Council and
were available for the public to review on the City's website.
Mayor Michael opened the Public Hearing.
Appellant,Zaher Azzawi, addressed the City Council on the appeal submitted.
Applicant, Tyler Miller,spoke in favor of the previously approved Tract Map(Tract 14644),
Joseph Cowan, Alta Loma Riding Club, suggested the applicant consider additional setbacks for horse
stalls and barns,
Seven (7) speakers: Aaron Echols, Terry Tate, Christina Hartman, Ted Myerchin, Honey Koury, Barb
Dewitt and Judy Spaulding, spoke in opposition to item G2.Speakers shared concerns about Cul-de-Sac
length, water run off/flood hazards, Fire Hazard Severity Zone (FHSZ), environmental impacts, lack of
cohesion in project design/aesthetics with existing neighborhood, public safety, increased traffic,
equestrian and privacy issues.
Mayor Michael closed the Public Hearing.
In response to public comment, Planning Director Nakamura addressed concerns about previously
approved Tentative Tract Map 14644.
Council discussion ensued on the 1991 previously approved Tentative Tract Map 14644, Cul-de-Sac length
and emergency egress on Camellia Court, proposed stormwater management plan, incorrect Assessor's
Parcel Number (APN) not affecting the public review process or environmental studies and the California
Housing Accountability Act (HAA), a state law that restricts local governments from denying or
unreasonably delaying housing development projects.
In response to public comment, City Attorney Ghirelli clarified that recorded tract maps do not expire under
State law, Tract Map 14644 remains valid, and the City does not have the discretion to deny or require
modifications to a project if the project complies with all objective criteria, as this proposal does.
MOTION: Moved by Council Member Stickler, seconded by Council Member Scott,to adopt Resolution
No. 2025-064, denying the Appeal and Upholding the Planning Commission's Approval of Design
Review DRC2024-00174. Motion carried 5-0.
August 20, 2025 I Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga I Page 8 of 10
G3. Public Hearing for Consideration of Introduction and First Reading of Ordinance No. 1045,
to be Read by Title Only and Waive Further Reading, Amending Chapter 16.36.09 of the
Rancho Cucamonga Municipal Code,and Adding Chapter 17.84 to the Rancho Cucamonga
Municipal Code Concerning Undergrounding Overhead Utilities and a Resolution Identifying
the Locations Where Utility Undergrounding Is Mandatory and the Regions Where In-Lieu
Undergrounding Fees May Be Spent. This Item is Exempt From the Requirements of the
California Environmental Quality Act (CEQA)and the City's CEQA Guidelines Under CEQA
Guidelines Section 15061(b)(3). (ORDINANCE NO. 1045; RESOLUTION NO. 2025-067)
(CITY)
John Gillison, City Manager, introduced Miguel Sotomayor, Principal Engineer, who gave a Staff Report
along with a PowerPoint presentation for item G3.
Mayor Michael opened the Public Hearing.
There were no public communications received.
Mayor Michael closed the Public Hearing.
MOTION: Moved by Council Member Scott, seconded by Council Member Hutchison,to approve staffs
recommendation, adopt Resolution No. 2025-067 and introduce Ordinance No. 1045 by title only and
waive further reading.
Linda Troyan, MMC, City Clerk Services Director, read the title of Ordinance No. 1045.
ORDINANCE NO. 1045
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,CALIFORNIA,AMENDING CHAPTER
16.36.09 OF THE RANCHO CUCAMONGA MUNICIPAL CODE, AND ADDING CHAPTER 17.84 TO
THE RANCHO CUCAMONGA MUNICIPAL CODE CONCERNING UNDERGROUNDING
OVERHEAD UTILITIES,AND MAKING A DETERMINATION OF EXEMPTION FROM CEQA
VOTES NOW CAST ON MOTION: Moved by Council Member Scott, seconded by Council Member
Hutchison,to approve staffs recommendation,adopt Resolution No.2025-067 and introduce Ordinance
No. 1045 by title only and waive further reading. Motion carried 5-0.
H. CITY MANAGER'S STAFF REPORT(S)
1417 n„-vt,Ay.ne„ni^f^nriP'MN 'ecnnd-rluarter2025. (CITY)
Mayor Michael announce Item H1 was postponed and will be presented at the next Regular City Council
Meeting on September 3, 2025.
H2. Consideration to Approve the Maintenance Agreement Between the City of Rancho
Cucamonga and the Inland Empire Resource Conservation District (IERCD). Approve the
Conservation Easement of 120 Acres Near Cucamonga Canyon [APNs: Portion of 0200-
051-48 and 0200-051-49], Authorize the City Manager to Take all Actions Necessary and to
Execute All Documents Necessary to Effect the Conservation Easement, and Find the
Conservation Easement Exempt from the California Environmental Quality Act and
Consistent with the General Plan. (CITY)
City Manager Gillison provided a verbal staff report for item H2.
MOTION: Moved by Council Member Scott, seconded by Council Member Stickler, to approve the
Maintenance Agreement (Memorandum of Agreement) between the City of Rancho Cucamonga
August 20, 2025 I Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga I Page 9 of 10
and the Inland Empire Resource Conservation District (IERCD); Approve the Conservation
Easement for approximately 120 acres located near Cucamonga Canyon [Assessor Parcel
Numbers: Portion of 0200-051-48 and 0200-051-49); Authorize the City Manager to take all
necessary actions and execute all documents required to effectuate the Conservation Easement;
and Determine the Conservation Easement exempt from the California Environmental Quality Act
and consistent with the General Plan. Motion carried 5-0.
H3. Consideration to Approve the New City Manager's (Elise Cox) Employment Agreement.
(CITY)
John Gillison, City Manager, introduced Emily Nielsen, Senior Human Resources Business Partner, who
provided a verbal staff report in accordance with the Brown Act of the proposed agreement.
MOTION: Moved by Council Member Hutchison, seconded by Council Member Scott, to approve the
employment agreement between the City Council of the City of Rancho Cucamonga and the new City
Manager, Elsa Cox, effective December 1, 2025. Motion carried 5-0.
I. COUNCIL BUSINESS
11. COUNCIL ANNOUNCEMENTS
None.
12. INTERAGENCY UPDATES
None.
J. CITY ATTORNEY ITEMS
City Attorney Ghirelli reported on items D4 and D5 of Closed Session and informed the City Council
unanimously authorized the City Manager to execute eight (8) settlement agreements with opioid
manufacturers and distributors, and one with Purdue Pharma.
\p��ONGHQ I;COr��i
K. IDENTIFICATION OF ITEMS FOR NEXT MEETING o Q9: aP0 p
None. => = 0:%
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L. ADJOURNMENT %#' , 1977 . 'nc
�C/fFOaN.,`,
Mayor Michael adjourned the Council Meeting at 10:35 p.m.
CITY OF RANCHO CUCAMONGA
A roved:September 16, 2025 THE FOREGOING INSTRUMENT IS A CORRECT
COPY OF THE ORIGINAL ON FILE IN THIS OFFICE.
ATTEST: a embev h 2025
Linda A. Ty yan, MMC DAA YAN.MMC
"CityC rrk Services Director CITY CLERK SERVICES DIRECTOR
cpN1 OCUCAMO GA, U
BY
August 20, 2025 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga I Page 10 of 10